- May 27, 2015
On May 8, 2015, the Texas Supreme Court held that an aerial lift designed by Firm client Genie Industries, Inc. was not defective as a matter of law. In this products liability case, the users of an aerial lift supporting a worker 40' in the air attempted to move the machine, despite warnings and an obvious risk of a tipover. When misused in this way, the lift tipped over and caused the death of the elevated worker.
A jury in Beaumont found for the plaintiffs, and the Corpus Christi Court of Appeals affirmed the judgment. But the Texas Supreme Court held 6-3 that the lift “cannot be said in any sense to be unreasonably dangerous.” It reversed and rendered judgment in Genie’s favor.
Beck Redden appellate partner Connie Pfeiffer served as lead counsel in the Supreme Court and orally argued the case on September 17, 2014. She worked with trial lawyer Cliff Harrison of Munsch Hardt Kopf & Harr PC. The Court’s opinions are attached.